DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Mining Pty Ltd
(AG2015/5164)

RCR MINING PTY LTD (WACOL, QLD) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the RCR Mining Pty Ltd (Wacol, Qld) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RCR Mining Pty Ltd (Wacol, Qld) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of RCR Mining Pty Ltd, the Fair Work Commission considered an application for the approval of an enterprise agreement. The applicant, RCR Mining, sought approval for the RCR Mining Pty Ltd (Wacol, Qld) Enterprise Agreement 2015, which aimed to regulate the terms and conditions of employment for its employees. The dispute centred around whether the agreement met the legal criteria for approval, particularly under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set forth in the Fair Work Act. This involved assessing whether the agreement was certified as "bare" by a certified bargaining representative, whether it contained the minimum terms and conditions mandated by the Act, and if it was free from prohibited content. The Commission also needed to consider whether the agreement had been genuinely negotiated and whether it provided for proper dispute resolution mechanisms.

The Commission concluded that the enterprise agreement met all the necessary legal criteria. It found that the agreement had been certified as "bare," contained the required minimum terms and conditions, and did not include any prohibited content. The Commission also determined that the agreement had been genuinely negotiated and provided for adequate dispute resolution mechanisms. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the RCR Mining Pty Ltd (Wacol, Qld) Enterprise Agreement 2015, recognising it as meeting all legal requirements for enterprise agreements under the Fair Work Act. This decision ensures that the terms and conditions of employment for RCR Mining's employees are regulated by an approved agreement, providing a framework for their industrial relations.

RCR Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established